(1) If the doing of an act necessary to save any right or benefit is restrained or
suspended by injunction or other lawful restraint, vacancy in office, absence of an
officer or his refusal to act, the time covered by the injunction, restraint, vacancy,
absence or refusal to act shall not be counted in the application of any statute of
limitations.
(2) When the collection of a judgment or the commencement of an action is stayed by
injunction, the time of continuance of the injunction shall not be counted as part of
the period limited for the collection of the judgment or the commencement of the
action.
Effective: October 1, 1942
History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky.
Stat. secs. 2535, 2544.
Notes of Decisions
Cited in
3
cases, 1952–2020 · leading case:
Fannin v. Lewis, 254 S.W.2d 479 (Ky. Ct. App. 1952).
Fannin v. Lewis, 254 S.W.2d 479 (Ky. Ct. App. 1952).
“260(1), which provides : “If the doing of an act necessary to save any right or benefit is restrained or suspended by injunction or other lawful restraint, vacancy in office, absence of an officer or his refusal to act, the time covered by the injunction, restraint, vacancy,…”
Mark Smith & Chinena Smith v. Wynetta Fletcher, Aprn (Ky. 2020).
· cites it 2× “040 tolling rights are independently protected by KRS 413.260, as KRS 413.260 acts to toll their claims for as long as the Court of Appeals’ November 9, 2017 emergency order 9 is in effect.”
Rogers v. Palm Beach Co., 114 S.W.3d 848 (Ky. 2003).
· cites it 2× “In support, she cites KRS 413.260. The claimant also contends that her employer should be es-topped from asserting a defense under the statute of limitations because of its misleading conduct.”
— Ky. Rev. Stat. § 413.260(1) — 1 case
Fannin v. Lewis, 254 S.W.2d 479 (Ky. Ct. App. 1952).
“260(1), which provides : “If the doing of an act necessary to save any right or benefit is restrained or suspended by injunction or other lawful restraint, vacancy in office, absence of an officer or his refusal to act, the time covered by the injunction, restraint, vacancy,…”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.